THIS
MATTER is before the Court following a telephonic
discovery conference and review of each party's proposed
Protective Order.

To
facilitate the production and receipt of information during
discovery in this lawsuit, the Court enters this Protective
Order for the protection of confidential and other commercial
information (collectively referred to as "Confidential
Information") that may be produced or otherwise
disclosed during the course of this lawsuit.

Accordingly,
pursuant to Rule 26 of the Federal Rules of Civil Procedure
and Rule 502 (d) of the Federal Rules of Evidence, it is
hereby ORDERED as follows:

1.
After carefully reviewing materials to segregate
non-confidential from Confidential Information, a party (or a
third party producing documents or providing deposition
testimony) may designate any deposition testimony,
information, materials or documents produced or furnished by
that person pursuant to discovery or otherwise during the
course of this litigation as "CONFIDENTIAL."

(a) The
designation of any material as CONFIDENTIAL shall constitute
a representation by the party and its counsel that they, in
good faith, believe that:

(i) the
material so designated contains or constitutes at the time of
the designation: (1) trade secrets or other information of a
non-public nature considered by the producing party or person
to be commercially or personally sensitive, confidential
and/or proprietary; or (2) other sensitive or proprietary
research, analysis, development, marketing, financial or
commercial information, including information likely to be
deemed sensitive by a non-party; and

(ii)
the entry of a protective order is necessary to protect the
producing party from disclosure to anyone other than those
persons identified in Paragraph 4 below in order to avoid
unreasonable annoyance, embarrassment, oppression, or undue
burden or expense as provided in Rule 26(c).

Any
designations made pursuant to this paragraph are to be
reasonably limited both in subject matter and in time.

2. Any
document or portion of a transcript, whether an original or
copy, including any exhibits, answers to interrogatories and
other written discovery responses, as well as physical
objects, recordings or things that any party deems to contain
CONFIDENTIAL information as defined in paragraph 1 above
shall be so designated by such party by stamping the legend
CONFIDENTIAL on each page of such document or by otherwise
conspicuously indicating the appropriate designation on such
physical object prior to production. In lieu of marking the
appropriate notation on the originals of documents, the party
may mark the copies that are produced. All Confidential
Information not reduced to documentary, tangible or physical
form, or which cannot be conveniently labeled, shall be so
designated by informing the recipients in writing that the
information constitutes Confidential Information and
providing the appropriate designation.

3. Any
Confidential Information designated as CONFIDENTIAL shall not
be publicly disclosed, discussed, or disseminated directly or
indirectly by any person or entity with knowledge of this
Protective Order except in accordance with the terms of this
Protective Order. Confidential Information may be used only
for the prosecution or defense of the above-captioned action
and not for any other pending or threatened litigation, or
any other business or other purpose whatsoever, unless
obtained through subpoena or document demand in another
proceeding before a court of competent jurisdiction, or by
summons or subpoena from any federal or state governmental
agency or body. Except as expressly permitted herein or by
further order of this Court, all Confidential Information
shall be maintained and kept by the other parties in this
case in a manner consistent both with maintaining the
confidentiality of the information and the intent of this
Order. Confidential Information shall not be given, shown,
disclosed, disseminated or described, directly or indirectly,
to any person(s) other than those set forth in paragraph 4
hereof.

4. The
following persons shall be the only persons permitted to have
access to information designated as CONFIDENTIAL, and such
access shall be permitted subject to the limitations set
forth below:

(a)
Each counsel of record for a party in this case, including
outside and in-house lawyers, and such lawyers' staff to
whom it is necessary that materials be disclosed for purposes
of this litigation, including secretaries, paralegals and
document clerks.

(b)
Each party, and any current or former director, officer,
employee or agent of a party who is requested by that party
or any of its attorneys to work on or potentially testify at
deposition or trial in this action or who requires the
information to assist in or evaluate this action, ...

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